Australian Capital Territory Numbered Acts

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LAND (PLANNING AND ENVIRONMENT) ACT - SECT 127

127. The proponent shall submit the relevant public environment report or environmental impact statement to the Environment Minister, together with—

        (a)     a written report about the proponent's consultation in relation to the report or statement;

        (b)     a copy of each written comment about the report or statement received by the proponent; and

        (c)     a copy of each report referred to in section 126 which is not available to the public.

Consultation

128. (1) The Environment Minister may, by giving reasonable notice to—

        (a)     the proponent of a proposal that has an environmental impact;

        (b)     any other person that the Environment Minister believes on reasonable grounds to have an interest directly affected by the proposal; and

        (c)     any other person that the Environment Minister considers appropriate;

convene a meeting of such persons for the purposes of—

        (d)     clarifying the proposal or concerns relating to the proposal;

        (e)     clarifying the report of a panel established to conduct an Inquiry into the proposal; or

        (f)     discussing any ways in which the proposal could be modified in order to reduce or eliminate any potential adverse environmental impact.

(2) The Environment Minister shall give a written report to each participant in the meeting stating—

        (a)     the outcome of the meeting; and

        (b)     any recommendations which the Environment Minister intends to include in his or her report under section 131 as a result of the meeting.

(3) Where a meeting recommends that a proposal be varied, the Minister shall cause copies of the report prepared in relation to the meeting for the purposes of subsection (2) to be made available for public inspection at times and places specified in a notice published in the Gazette and in a daily newspaper.

Further information

129. (1) Within the prescribed period after the submission of a public environment report or an environmental impact statement to the Environment Minister, that Minister may, by notice in writing to the proponent, direct the proponent to provide further specified information in relation to the proposal, report or statement.

(2) Upon notice under subsection (1), the proponent shall, in writing, provide the specified information to the Environment Minister.

Further revision

130. (1) Within the prescribed period after the submission of a public environment report or an environmental impact statement to the Environment Minister, that Minister may, by notice in writing to the proponent, request the proponent to revise the report or statement in consideration of specified matters.

(2) Upon notice under subsection (1), the proponent may revise the report or statement in consideration of the specified matters.

(3) The proponent shall—

        (a)     if the report or statement is revised—re-submit the revised report or statement to the Environment Minister; or

        (b)     if the report or statement is not revised—submit a written report to the Environment Minister stating the reasons why the proponent has not revised the report or statement.

Evaluation by Environment Minister

131. (1) Unless subsection (2) applies, within the prescribed period after the submission of a public environment report or environmental impact statement to the Environment Minister, he or she shall prepare a written report evaluating it.

(2) Where the Environment Minister gives a notice to a proponent under subsection 130 (1), that Minister shall prepare a written report evaluating a public environment report or statement within the prescribed period after the proponent—

        (a)     re-submits the report or statement under paragraph 130 (3) (a); or

        (b)     submits a report under paragraph 130 (3) (b);

as the case requires.

(3) A report under subsection (1) shall include—

        (a)     a statement as to whether, in the opinion of the Environment Minister, the public environment report or environmental impact statement has been prepared in accordance with this Division, and with the relevant directions under this Division;

        (b)     any comment by that Minister about the environmental impact of the relevant proposal;

        (c)     where that Minister has convened a meeting under section 128—the report of that meeting referred to in subsection 128 (2); and

        (d)     any recommendation of that Minister about the conditions subject to which the proposal should be approved.

Tabling in the Legislative Assembly and public inspection

132. (1) Within 6 sitting days after the completion of a report referred to in section 131, the relevant Minister shall cause to be laid before the Legislative Assembly a copy of—

        (a)     the relevant Assessment;

        (b)     any notice given by the Environment Minister under section 129 or 130; and

        (c)     any report, comment or written information submitted to the Environment Minister under section 127, 129 or 130.

(2) After an Assessment is completed, the relevant Minister shall make copies of the Assessment, together with copies of any notice, report, comment or written information referred to in paragraph (1) (b) or (c), available to the public during office hours at places and times specified in a notice published—

        (a)     in the Gazette ; and

        (b)     in a daily newspaper.

Exclusion of material

133. (1) Where, in the relevant Minister's opinion, based on reasonable grounds—

        (a)     a part of an Assessment contains information related to the personal or business affairs of a person, being information—

              (i)     supplied to the proponent or that Minister in confidence; or

              (ii)     the publication of which would reveal a trade secret; and

        (b)     it would not be in the public interest for that part to be published;

the relevant Minister shall cause that part to be excluded from the copy of the Assessment laid before the Legislative Assembly, and from any copy of the Assessment made available to the public or for public inspection.

(2) Where a part of an Assessment is excluded from the copies of that Assessment made available to the public or for public inspection, each copy shall include a statement to the effect that an unspecified part of the Assessment has been excluded for the purpose of protecting the confidentiality of information included in that part.

Exemptions

134. (1) The Environment Minister may, by instrument—

        (a)     exempt a specified defined decision, or defined decisions of a specified class, from being the subject of an Assessment directed under any Act or subordinate law; or

        (b)     declare that specified provisions of this Division are not to apply in relation to a specified Assessment, or to Assessments of a specified class.

(2) An instrument of exemption is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 .

(3) Notwithstanding paragraph 6 (1) (b) of the Subordinate Laws Act 1989 in its application to the instrument, an instrument of exemption takes effect (subject to the remaining provisions of section 6 of that Act) on the expiration of 5 sitting days after it is laid before the Legislative Assembly, or on such a later date as is specified in the instrument.

(4) Paragraph 6 (1) (c) and subsections 6 (7), (7A) and (7B) of the Subordinate Laws Act 1989 apply to an instrument of exemption as if the references in those provisions to 15 sitting days were references to 5 sitting days.

(5) The Environment Minister shall cause an instrument of exemption to be notified in a daily newspaper.

(6) The validity of an instrument of exemption is not affected by a failure to comply with subsection (5).

Division 4—Inquiries
Subdivision A—Establishment of panels and terms of reference

Constitution

135. (1) Where the relevant Minister in relation to a defined decision decides to establish a panel to inquire into the proposal which is the subject of that decision he or she shall, in writing, appoint a person or persons to constitute a panel to conduct the Inquiry.

(2) The relevant Minister shall nominate 1 member (or, in the case of a panel constituted by 1 member, that member) of the panel as the presiding member.

Combined Inquiries



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